Tag: Companies Act 345

Inability to pay debts: Lack of proof

by GilesFiles | May 24, 2023 | 2020 onwards, Associations/corporates, Causes and defences, Costs, Courts, Judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, SCA judges, Sectors, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

SA Medical Association TU v SA Medical Association NPC When can it said to be just and equitable to liquidate a body based on inability to pay debts and what are relevant factors? ‘[24] A court’s power to grant a...

Badenhorst principle applied: Service agreements

by GilesFiles | Feb 19, 2021 | 2020 onwards, A G Binns-Ward, Applications, Causes and defences, Courts, Declaratory, Evidence & onus, General, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Orders, Topics | 0 |

New Approach Trading 73 CC v Precision Rigging Pty Ltd High court applied ‘Badenhorst rule’ and cited with approval the approach in the given circumstances as described by Corbett JA in Kalil v Decotex (Pty) Ltd and...